Judge rules James Zarate's friend can testify in murder trial

Robert Sciarrino/The Star-LedgerJames Zarate, the younger brother of convicted murderer Jonathan Zarate, is also charged with the 2005 murder and dismemberment of 16-year old neighbor, Jennifer Parks.

RANDOLPH -- A teen caught helping his friends dispose of the body of a 16-year-old girl four years ago will be allowed to testify about what they allegedly told him about her murder, a judge ruled today.

Superior Court Judge Salem Ahto, sitting in Morristown, ruled a jury will be allowed to hear Vladimir Basilio testify that James Zarate told him how he and his brother, Jonathan Zarate, pummeled, stabbed and dismembered Jennifer Parks in retaliation for her having previously gotten James into trouble.

The prosecution believes Basilio's testimony demonstrates the Zarates were co-conspirators in the crime.

Defense attorney Joseph Ferrante wanted Basilio's statements barred, because last year Basilio testified he only took the stand against James Zarate in hopes of getting his own charges dropped. Basilio was charged with helping the brothers cover up the crime by trying to heave a trunk containing Parks' remains off a bridge in Rutherford the day after she was killed.

Such hearsay testimony is usually barred except in cases in which it is deemed substantial enough to indicate a conspiracy participated in by a defendant.

Ruling the state met those burdens, Ahto noted Basilio has testified the brothers sought him out to help them dispose of the remains and voluntarily told him how they did it.

"In order to enlist Basilio's assistance, it reasonably follows that Basilio had to be advised about what had occurred, or at least something of what had occurred," Ahto said.

As for James Zarate's alleged participation in the conspiracy, Ahto said, "It's clear when police arrived on the bridge, all three conspirators were there. There's no question there was a trunk. There's no question the trunk was in their possession. There's no question it contained body parts. There's no question there was an odor (coming from the trunk). There was an obvious attempt to toss the trunk over the bridge."

The judge also ruled that because James Zarate "knowingly, voluntarily and intelligently" divulged details of the killing to Basilio, he can testify about those discussions.

"If anything, there was a sense of bravado and braggadocio on the part of James and Jonathan to solicit the assistance of Mr. Basilio," Ahto said.

The judge also ruled the prosecution could introduce evidence about a "prior bad act" of James, who in 2003 acknowledged to police that he threw a brick through a car window of Parks' mother.

James Zarate, who was 14 at the time of the killing, is now 18 and being tried as an adult. He is charged with murdering Jennifer and desecrating her remains, as well as weapons offenses and hindering apprehension.

Jonathan Zarate, now 22, was convicted in December and sentenced the following month to life in prison for murder, desecrating human remains, hindering his apprehension, employing a juvenile to commit a crime, and weapons offenses.

Basilio, now 19, pleaded guilty in juvenile court in 2005 to helping cover up the killing.